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“Good faith provision” protects hospitals and other providers from civil and criminal liability.

“a person who acts in good faith in accord with the terms of this article or with the anatomical gift laws of another state is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act.” (New York Public Health Law § 4306(3))

Conduct and document the second clinical assessment of brain stem reflexes;

Perform and document the apnea test;

Perform confirmatory testing, if indicated;

In some patients, skull or cervical injuries, cardiovascular instability, or other factors may make it impossible to complete parts of the assessment safely. In these circumstances, a confirmatory test verifying brain death is necessary.

Organ donation after cardiac death involves the scheduled withdrawal of a life-sustaining ventilator from a patient prepared for surgery. Following cardiac arrest and cessation of respiration, a prescribed number of minutes are permitted to elapse, and then death is declared and organ retrieval promptly commences.

In New York, for most patients only the single individual who has been appointed as the patient’s Health Care Agent under New York’s Health Care Proxy Law will be legally authorized to consent to the withdrawal of a patient’s life-sustaining ventilator.

But the Health Care Agent does not have the authority to consent to an anatomical gift.

New York Bill A11883/S8379 – Amends New York Public Health Law regarding anatomical gifts:

Changes the organ and tissue donor registry from indicating an “intent” to donate to providing “consent” to donate.

Allows registered individuals to indicate which organs and tissues they want to donate and if the donation can be used for transplantation, research, or both.

Indicates that any person registered in the organ and tissue donor registry before the law takes effect shall be deemed to have expressed intent to donate, until and unless he or she files an amendment to his or her registration or a new registration expressing consent to donate.

Requires the Commissioner of Health to contact each person registered before the law goes into effect, in writing, to inform him or her that at the time he or she registered, that the registry was one of intent and that the registry is now one of consent.

Requires the Commissioner of Motor Vehicles to provide a space on the driver’s license application for the applicant to register in the organ and tissue donor registry.

The network of OPOs is required to establish policies for the equitable allocation of organs, including the reduction of inequities resulting from socioeconomic status. Allocation policies, among other requirements, shall:

be based on sound medical judgment;

seek to achieve the best use of donated organs;

preserve the ability of a transplant program to decline an offer of an organ or not to use the organ for the potential recipient in accordance with the regulations;